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Allahabad High Court · body

2025 DAILYLAW 178180 (ALL)

KRISHNA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/11622/2025 · 2025-11-26

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11622 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 225 of 2025, under sections 103(1) BNS, P.S. Kaudiya, District Gonda. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 6.9.2025 father of the informant died. The same was informed by sister in law of the informant to police station and the panchayatnama was done on 7.9.2025 and the post mortem was also done and 13th ceremony of death was done on 19.9.2025 and thereafter FIR in question was lodged alleging that the informant suspects that four person named in the FIR had committed murder of father of informant. Cause of death as per post mortem report is ante mortem throttling. The applicant was not named in the FIR. Subsequently based upon statement of witness the applicant was also implicated. The submission of learned counsel for the applicant is that the informant as well as witness has submitted affidavit that they have not taken name of applicant. However statement of one of witness aged about 12 years is on record wherein she stated that the accused named in the FIR were seen killing grandfather of the said witness. 4. Learned AGA has opposed the bail application. 5. Considering the fact that no material exist to implicate the applicant Versus Counsel for Applicant(s) : Kailash Nath Mishra, Rahul Mishra Counsel for Opposite Party(s) : G.A. Krishna Devi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) who is the lady aged about 40 years who does not even have a motive to commit the offence, however, without commenting upon the merits of the case, the applicant who is in jail since 1.10.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Krishna Devi be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 26, 2025 J. K. Dinkar BAIL No. 11622 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench